Privacy Notice Components
A data controller is the entity that determines the purposes and means of processing personal data, while a data processor is an entity that processes personal data on behalf of the controller.
For example, if a company collects and stores personal information of its customers, it is the data controller. If that company hires another company to process that data on its behalf, such as to carry out mailings or provide customer support, the second company would be a data processor.
In the EU, the General Data Protection Regulation (GDPR) sets out specific responsibilities for both data controllers and data processors, and the distinction is important for compliance with data protection laws.
Standard Contract Clauses (SCCs) are model contracts that are approved by the European Commission as providing adequate protection for personal data transferred from the European Union to third countries (outside of the EU) that do not provide an adequate level of protection under EU law. The SCCs provide a set of specific obligations and rights for both the data exporter (data controller in the EU) and the data importer (data controller outside of the EU) to ensure an adequate level of protection for personal data being transferred.
The SCCs include provisions on:
- Processing personal data only in accordance with the instructions of the data exporter
- Implementing appropriate technical and organizational measures to ensure an adequate level of security for the personal data
- Appointing a data protection officer, if necessary
- Dealing with any data protection breaches and informing the data exporter of such breaches
- Providing the data exporter with information about processing activities, upon request
- Providing the data exporter with assistance to comply with its obligations under the GDPR
SCCs are intended to provide a standardized, ready-made solution for companies transferring personal data from the EU to countries outside of the EU that do not offer adequate protection under EU law. Using SCCs can help companies to comply with the data protection requirements of the GDPR and other data protection laws.
The California Privacy Rights Act (CPRA), also known as Prop 24, is a state-level privacy law that was passed by California voters in November 2020. It builds on and expands the California Consumer Privacy Act (CCPA), which was enacted in 2018.
The CPRA gives California consumers additional rights over their personal information, including:
The right to opt out of the sale of their personal information
The right to request that a business delete their personal information
The right to know the categories and specific pieces of personal information that a business has collected, used, and disclosed about them
The right to request that a business disclose the categories of third parties with whom the business has shared their personal information
The CPRA also requires businesses to provide consumers with more information about their privacy practices and to implement stronger data security measures. It also creates a new California Privacy Protection Agency to enforce the state’s privacy laws and regulations.
The CPRA is considered one of the strongest privacy laws in the United States and has set a high bar for privacy protection. It applies to businesses that collect personal information from California consumers and meet certain revenue and data collection thresholds.
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